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Blackstone Medical, Inc. v. United States ex rel. Susan Hutcheson

Certiorari Denied

Petition for certiorari denied on May 12, 2011.

Docket No.11-269

Issue

(1) Whether an allegation that a defendant has committed a statutory violation renders a claim submitted by an unrelated party "legally false" for purposes of the FCA, where no statute or regulation expressly conditions payment of the unrelated party"s claim on the defendant"s compliance; and (2) whether and when a private citizen is authorized to use a "legally false" theory under the False Claims Act as a generalized enforcement mechanism for statutes, regulations, contractual obligations, or other program requirements that are not otherwise privately enforceable.

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